KSLU Solved Question Papers
Criminal Law I
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 4
2022 Apr Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 4 Criminal Law I 2022 Apr Question Paper with Solutions
First published on munotes.in on 21 October 2026.
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The question paper reproduced here is the paper as set by Karnataka State Law University at the 2022 Apr examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2022 Apr examination, in the order it was set.
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2022 Apr examination, reproduced as Karnataka State Law University set them, in the order it set them. Long reading passages are shortened to their first and last lines and our summary; the original paper prints them in full. Only the answers are ours. See the original question paper.
Duration 3 hours · Total marks 100 · 13 questions answered
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
Q1Discuss about territorial Jurisdiction of Indian Penal Code.[16]
Answer
For full marks, cover: what territorial jurisdiction means and the principle behind it; section 2 of the Indian Penal Code (now section 1(3) of the Sanhita) and its key words, "every person" and "within India"; what "within India" covers: land, territorial waters to twelve nautical miles, and the airspace; offences begun abroad and completed in India, and the accused's absence (Mobarik Ali Ahmed); a jurisdiction dispute at sea (the Enrica Lexie case, Massimilano Latorre v. Union of India); the persons exempt; where in India the trial is held; offences partly inside and partly outside India (Thota Venkateswarlu); territorial and extra-territorial jurisdiction contrasted; the Sanhita; a conclusion.
What territorial jurisdiction means
Criminal jurisdiction is the power of a State to make conduct a crime and to try and punish it. The oldest and strongest basis is territory. A State governs what happens on its soil, whoever does it. The Indian Penal Code, 1860 rests mainly on this principle. It reaches outward only in limited cases, under sections 3 and 4. Those cases rest on other principles. One is nationality, which follows a citizen abroad. Another is the flag of a ship or aircraft. The third, added in 2009, is protection of computer resources located in India.
Section 2: the rule
Section 2 says: "Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within India."
Its words carry three ideas.
- "Every person." Nationality does not matter. An Indian, a foreigner and a stateless person are equally liable for an offence committed in India.
- "Within India." Liability depends on where the act or omission took place.
- "Under this Code and not otherwise." For acts within India, the Code is the law that punishes. No foreign law and no older rule applies in its place.
What "within India" covers
- The land territory of India, including its islands.
- The territorial waters. Under section 3 of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976, India's sovereignty extends to its territorial waters. It also extends to the seabed, the subsoil and the airspace above them. The limit is twelve nautical miles from the baseline.
- The airspace above India's land and waters.
A ship or aircraft registered in India is reached by section 4(2) wherever it may be. Strictly that is an extension of the Code beyond India, not part of its territory.
Offences begun abroad and completed in India
Facts. In Mobarik Ali Ahmed v. The State of Bombay, AIR 1957 SC 857, decided on 6 September 1957, a Pakistani national at Karachi made false representations by letters, telegrams and telephone calls to a complainant in Bombay. The complainant sent money for rice that was never shipped. The accused never entered India during the offence.
Held. His conviction for cheating was upheld under section 2. All the ingredients of cheating occurred at Bombay, so the offence was committed within India. His bodily absence did not matter. "Every person" in section 2 covers all persons "without limitation and irrespective of nationality, allegiance, rank, status, caste, colour or creed".
Why it bears. Territorial jurisdiction follows the offence, not the offender's body. Fraud, threats or cyber crimes sent into India from abroad are offences within India where they take effect.
A jurisdiction dispute at sea
Facts. In Massimilano Latorre v. Union of India, decided on 15 June 2021, two Indian fishermen on the Indian-registered boat St. Antony were shot dead off the Kerala coast on 15 February 2012. The shots came from a passing Italian vessel, the Enrica Lexie. Two Italian marines were charged with murder at Kollam. They challenged Kerala's jurisdiction, and the Kerala High Court upheld it.
Held. India and Italy then took the dispute to an international tribunal under the United Nations Convention on the Law of the Sea. Its award of 21 May 2020 recorded Italy's commitment to resume its own criminal investigation and fixed compensation. After Italy paid ten crore rupees, the Supreme Court closed all the Indian proceedings under Article 142.
Why it bears. The case shows the limits of territorial jurisdiction at sea. A killing near the coast raises several questions. Was it within the territorial waters? Which flag did each vessel fly? And may a foreign State try its own servicemen?
The persons exempt
The word "every" is wide, but some persons are exempt by the Constitution, by statute, or by international law accepted in Indian law. Mobarik Ali Ahmed listed them.
- The President and the Governors. Article 361(2) bars criminal proceedings against them during their term of office.
- Foreign sovereigns.
- Ambassadors and diplomatic agents, under the principles of international law.
These persons are not above the law. The exemption is from proceedings, recognised for reasons of constitutional and international order.
Where in India the trial is held
Section 2 decides whether the Code applies. The procedure law decides which court tries the case. Ordinarily an offence is tried by a court within whose local jurisdiction it was committed. Where it was committed partly in one area and partly in another, or is a continuing offence, any of those courts may try it. Where the offence consists of an act and a consequence, it may be tried where either happened. These rules are now in sections 197 to 199 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Offences partly inside and partly outside India
Facts. In Thota Venkateswarlu v. State of A.P., AIR 2011 SC 2900, decided on 2 September 2011, a husband living in Botswana was charged in Andhra Pradesh. The charges were cruelty and intimidation, alleged in Botswana, and dowry offences, partly committed in India.
Held. The offences committed in India could be tried in India without any further permission. Those committed in Botswana could not be tried without the Central Government's previous sanction under section 188 of the procedure code.
Why it bears. Territorial jurisdiction needs no sanction. The sanction is a condition only for offences committed outside India, which the Code reaches through section 4.
Territorial and extra-territorial jurisdiction contrasted
| Point | Territorial (s.2) | Extra-territorial (ss.3 and 4) |
|---|---|---|
| Basis | the place of the offence | the offender's citizenship, an Indian ship or aircraft, or a target computer in India |
| Who is liable | every person, of any nationality | citizens anywhere; anyone on an Indian ship or aircraft |
| Procedure | ordinary courts, no sanction | trial where the offender is found, with the Central Government's sanction |
Four worked examples
- A foreign tourist steals a camera in Goa. The theft is committed within India, so section 2 applies, whatever his nationality.
- A man in Dubai sends threatening e-mails to a trader in Bengaluru, demanding money. If the trader is put in fear and pays in Bengaluru, the extortion is completed in India. As in Mobarik Ali Ahmed, the sender's absence does not matter.
- A passenger steals from another on an Air India flight over the sea. The aircraft is registered in India, so section 4(2) applies, though the place is outside Indian territory.
- A diplomat of a foreign embassy causes an accident in Delhi. The act is within India, but the diplomat's immunity under international law bars proceedings against him.
Under the Sanhita
Section 1(3) of the Bharatiya Nyaya Sanhita, 2023 repeats section 2 in the same words, with "Sanhita" for "Code". Section 1(4) and (5) carry the old sections 3 and 4. The procedure rules are in sections 197 to 209 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Conclusion. Territorial jurisdiction under section 2 of the Code, now section 1(3) of the Sanhita, makes every person liable for every offence committed within India. That means on its land, in its territorial waters up to twelve nautical miles, and in its airspace, whatever the offender's nationality. The offender need not be present if the offence is completed in India, as Mobarik Ali Ahmed holds. Only those protected by the Constitution or by international law are exempt. Offences outside India fall under sections 3 and 4 and need sanction, as Thota Venkateswarlu shows. A case at sea like Enrica Lexie shows how jurisdiction can become an international dispute.
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